Bradenburg Kentucky Divorce: How Do I Start the Process?
Ending a marriage is a difficult but sometimes necessary decision. Once you know that this is what you want to do, there are a few steps that must be taken.
Kentucky is a “no-fault” divorce state. Historically, when a spouse would file for divorce, he or she was responsible for showing how the other party was at fault for the marital breakdown. Examples of acceptable causes of fault included: adultery, drug/alcohol addiction, domestic abuse and abandonment. Today, however, it is not necessary to prove fault. All divorces in Kentucky are filed under “irretrievable breakdown” also known as irreconcilable differences. This simply means that issues have arisen which make the marriage beyond repair.
Bradenburg Kentucky Divorce
Two residency requirements exist for you to obtain a Bradenburg Kentucky divorce:
• Whichever spouse files for the divorce that person must live in Kentucky for 180 days or have been stationed in Kentucky on active military duty for 180 days before filing.
• You and your spouse must live apart for a minimum of 60 days before a divorce decree can be entered by the court. One of you can choose to move out or you can both continue living at the same address as long as there are no sexual relations between the two of you for that period.
If you have fulfilled the residency requirements and also filed the necessary paperwork, your spouse must then be served with a Petition for Divorce and a Summons to appear in court to be heard. After being served, your spouse has 20 days to respond as to whether all stipulations in the petition are agreed to or if there are issues that must be mediated and decided. Typical things that end up in the cross hairs include child custody or visitation, spousal maintenance, child support and the division of property.
Though there is no need to prove fault to initiate and obtain a divorce in Bradenburg, Kentucky, marital conduct and other issues can be taken into account by the judge when it comes time to divide the assets. If there are children involved, the court’s main focus will be on making sure that their interests are protected and considered throughout the proceedings.